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Planning Board pauses request to release subdivision covenant on 540 Carrot Shop Road

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Summary

Property owners asked the Planning Board for a partial release of a 1999 subdivision covenant that clouds title to 540 Carrot Shop Road; staff and town counsel advised against releasing the covenant without completion of required work, and the applicant withdrew the request without prejudice while staff and counsel continue discussions.

Kevin Clauer, an attorney representing Helen and Ahmed Mustafa, asked the Town of Falmouth Planning Board to grant a partial release of a subdivision covenant that affects 540 Carrot Shop Road, saying the covenant leaves the property unable to convey clear title.

Clauer told the board the house at 540 Carrot Shop predated the 1999 subdivision, that a paper road called Elsie's Way was never built, and that the portion of land needed to construct the road is within a wetland buffer that the Conservation Commission (ConCom) now bars from development. “They are between a rock and a hard…

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